Commonwealth v. Read — Trial ArchiveFrank Walsh — Direct/Cross
217 linesWhereupon, FRANCIS WALSH having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: Okay. Whenever you're ready, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good afternoon, sir.
MR. WALSH: Good afternoon.
MR. LALLY: Could you please state your name and spell your last name for the jury?
MR. WALSH: Francis Walsh, W-A-L-S-H.
MR. LALLY: And what do you do for work, sir?
MR. WALSH: I am a lieutenant/paramedic with the Canton Fire Department.
MR. LALLY: And how long have you been a firefighter/paramedic with the Canton Fire Department?
MR. WALSH: Just shy of 10 years.
MR. LALLY: And you indicated that you have the rank of lieutenant; is that correct?
MR. WALSH: That's correct.
MR. LALLY: And how long have you been a lieutenant with Canton Fire Department?
MR. WALSH: Since September of last year.
MR. LALLY: Now, with regard to -- you have certifications both as an EMT and a paramedic, correct?
MR. WALSH: That's correct.
MR. LALLY: And, with regard to those certifications, when was it first that you sort of received those?
MR. WALSH: I received my paramedic certification in June of 2014, is when I was officially certified.
MR. LALLY: And is that something that you've been subject to, sort of continuing educational components and recertifications since then?
MR. WALSH: Yes. Every two years, we have to recertify and take continuing education classes.
MR. LALLY: And is your certification up to speed at this point?
MR. WALSH: Yes. It's current. I just recertified last month, actually.
MR. LALLY: Now, if I could turn your attention to the evening of January 28th into January 29th, 2022. Do you recall that date?
MR. WALSH: I do.
MR. LALLY: And were you working that day with the fire department?
MR. WALSH: I was.
MR. LALLY: And what kind of shift were you working on that occasion?
MR. WALSH: A 24-hour shift, which is standard.
MR. LALLY: And is that 8:00 a.m. to 8:00 a.m.
MR. WALSH: That's correct.
MR. LALLY: Correct me if I'm wrong, but that would be 8:00 a.m. on the 28th until 8:00 a.m. on the 29th?
MR. WALSH: That's correct.
MR. LALLY: And so where were you assigned to on that particular day?
MR. WALSH: I was assigned to headquarters, which is on 99 Revere Street. And my position was engine driver.
MR. LALLY: So fair to say people within your department get different sort of assignments on different apparatus based on a different shift that they are working?
MR. WALSH: That's correct.
MR. LALLY: And your assignment that day was the driver of the engine?
MR. WALSH: Correct, yes. Engine 3.
MR. LALLY: Now, beyond sort of your assignment as the engine driver during that particular shift, what, if any, sort of specialized assignment do you have or did you have at that time in regard to snow removal?
MR. WALSH: Yes. So on that particular shift, I was also the snowplow driver. We have an in-house truck anda snowplow for the fire department. And that was my responsibility on that shift.
MR. LALLY: How many people within your department have that sort of responsibility when it comes to snowplow driver?
MR. WALSH: It kind of depends group to group. So some working groups will just kind of rotate and have a different person do it each time. At that time, the group that I was on, I kind of had the most experience plowing. So I was always the go-to person to be in the plow truck when it snowed.
MR. LALLY: And so with respect to that duty, about what time did you sort of get up on that morning of the 29th?
MR. WALSH: I believe it was around 4:00 a.m.
MR. LALLY: And why was it that you got up at that time?
MR. WALSH: It was snowing pretty heavily. I mean, we knew the forecast called for a lot of snow. So I got up early and hopped in the plow truck.
MR. LALLY: And just briefly, in addition to the snow, what, if anything else, did you observe as far as the weather conditions when you were out in the plow truck?
MR. WALSH: It was very windy. Yeah. Just windy and really heavy snow.
MR. LALLY: Now, at some point shortly after 6:00 a.m., does your department get dispatched to a call?
MR. WALSH: Yes.
MR. LALLY: And where was the dispatch to and what was it in regard to, if you know?
MR. WALSH: So I didn't hear the actual dispatch because I was in the plow truck. I was in the rear of headquarters, in the plow truck. But my captain, Captain Robery, came out and told me that we had a call for 34 Fairview Road for an unresponsive male party. And he told me to hop in the engine and head to that call.
MR. LALLY: And, when you hop in the engine, who, if anyone else, from your department was assigned to the same engine as you on that day?
MR. WALSH: So I had Lieutenant Woodbury to my right in the passenger seat and Firefighter McLaughlin in the rear.
MR. LALLY: And, beyond the engine that you were driving, what, if any, sort of apparatus from your department was dispatched to the call that day, as well?
MR. WALSH: So that would have been Ambulance 1 and also Car 5 went, as well. That's kind of like an optional thing. But, with a call of that severity, the captain will go, as well.
MR. LALLY: And who was in Car 5 on that day?
MR. WALSH: Captain Robery.
MR. LALLY: And you drove the engine; is that correct?
MR. WALSH: That's correct.
MR. LALLY: And, if you could, describe for the jury sort of what you observed as far as the road conditions, visibility and things like that en route from the station to Fairview Road.
MR. WALSH: Yes. It was really, really poor driving conditions and visibility. I can't recall ever driving to a call of that nature and that severity that slowly. The visibility was so poor that we were just driving extremely slow.
MR. LALLY: Okay. And from -- if you could, describe to the jury sort of the route of travel that you took from Station 1 to Fairview Road.
MR. WALSH: Sure. So out of Station 1, take a right onto Revere Street and then a left onto Sherman Street, a right onto Chapman Street and then a left onto Fairview.
MR. LALLY: Now, if you recall, what was sort of the order -- you're all sort of dispatched and you're all sort of responding around the same time, being Car 5, the ambulance and the engine, correct?
MR. WALSH: Correct.
MR. LALLY: And, if you recall, what was sort of the order of the vehicles in response?
MR. WALSH: So Engine 3 -- we were the last vehicle for the fire department to arrive on scene. So when we arrived on scene, Ambulance 1 and Car 5 were already on scene.
MR. LALLY: And if I could ask just sort of as you're turning onto Fairview Road and you travel down it, what, if anything, do you note about sort of the elevation of the roadway as you're driving down Fairview?
MR. WALSH: It's a downhill grade. Yeah. It gets a little bit steep at one point.
MR. LALLY: And the residence that you eventually stopped at or responded to, where was that in location in reference to -- when you first turn onto Fairview, about how far down is the residence that you eventually go to?
MR. WALSH: Pretty far down. I believe it's one of the last houses on Fairview.
MR. LALLY: And the residence that we're talking about as from your perspective when you're driving down there, is that on your left, your right, or something else?
MR. WALSH: Left.
MR. LALLY: And, aS you are approaching the scene, what is it that you sort of see before you, you know, how do you know where to stop and where you're going?
MR. WALSH: Yeah. So I mean, we -- like I said, visibility was really poor, but there was Ambulance 1, Car 5, at least a couple of police cruisers on scene before us. So it's kind of hard to miss that. So that's how we knew where to stop.
MR. LALLY: Now, in regard to -- you're responding to an unresponsive male, correct?
MR. WALSH: Correct.
MR. LALLY: And, just to be clear, at some point you were able to identify or you were told what the identity was of that unresponsive male with the patient, correct?
MR. WALSH: That's correct.
MR. LALLY: And what was his name?
MR. WALSH: John O'Keefe.
MR. LALLY: And so with respect to Mr. O'Keefe, as you are approaching the scene, when was the first time that you were able to sort of see where Mr. O'Keefe was on scene when you arrived there?
MR. WALSH: It wasn't until a little bit after we actually arrived on scene that I could see the patient because, as we pulled up, the ambulance was blocking our line of sight to where the patient was. So I couldn't see him right away.
MR. LALLY: And what was sort of the -- I know you talked about visibility, but as far as had the sun come up yet?
MR. WALSH: No. It was pitch black.
MR. LALLY: And so when you arrive on scene, what is it that you and sort of the other people on your engine are doing in relation to patient treatment at that point?
MR. WALSH: So at that point, I got out of the engine, and I started walking towards where the ambulance crew was. But, at that point, Firefighter McLaughlin was coming around to the rear of the ambulance, we got the stretcher out. So I went directly to that to give her a hand with that. And we proceeded to bring that around the front of the ambulance, where Firefighter Nuttall, Flematti, Kelly and I believe Captain Robery were working on the patient.
MR. LALLY: Now, in reference to where the patient, Mr. O'Keefe, was, where was he -- could you see sort of how he was positioned in reference to the ground?
MR. WALSH: I could see they had, the other firefighters and the captain that I had just mentioned, had just put him on the backboard at the first time that I saw him. I'd say that was like roughly 10 feet in from the road.
MR. LALLY: And, to that point, how were you able to say that it was approximately 10 feet in from the road?
MR. WALSH: Just an estimate.
MR. LALLY: Let me ask you, as far as the stretcher was concerned that you and Firefighter McLaughlin retrieved, where did you place that in relation to where Mr. O'Keefe was when you first when brought it over?
MR. WALSH: So we placed that. We decided to leave it on the street and get it as close to the grass or snow as possible. It was unspoken, but we knew that we didn't want to put the stretcher onto the snow. It would be too unstable. So we put it right up against the curb. So right at the edge of the street, where the street meets the yard.
MR. LALLY: So you put the stretcher, basically, right up against the curb and Mr. O'Keefe was approximately 10 feet from that?
MR. WALSH: That's correct.
MR. LALLY: And, with respect to positioning the stretcher, was that parallel with the curb or perpendicular to it or how was it positioned?
MR. WALSH: Parallel.
MR. LALLY: Parallel. You mentioned that obviously Mr. O'Keefe is on scene and there are a number of different firefighters from your department, correct?
MR. WALSH: That's correct.
MR. LALLY: And there was at least a police cruiser. Did you see any officers sort of around the scene?
MR. WALSH: Yes. I remember Officer Saraf and Sergeant Goode.
MR. LALLY: And, with respect to civilians, what, if any, Civilians did you observe around the scene, as well?
MR. WALSH: I observed two female civilians.
MR. LALLY: And where were they in relation to where you were or in relation to where Mr. O'Keefe was?
MR. WALSH: I mean, they were pretty worked up. So they were moving around quite a bit. But I'd say they were somewhere in between myself and the stretcher and where Mr. O'Keefe was.
MR. LALLY: And did you, yourself, have any conversation with either of the two females that you saw?
MR. WALSH: I did not directly, no.
MR. LALLY: And you just testified a little bit before that they were upset? Is this what both of them were?
MR. WALSH: Yes.
MR. LALLY: And what, if anything, leads you to sort of come to that conclusion as far as their demeanor or what, if anything, did you specifically observe?
MR. WALSH: I mean, I observed one of them like screaming and crying. They were both just frantically like moving around a lot.
MR. LALLY: And, as far as the one that you observed screaming or crying, do you recall specifically what, if anything, that person said?
MR. WALSH: All I recall her saying was, is he alive.
MR. LALLY: Now, with respect to Mr. O'Keefe as far as his clothes, what, if any, observations did you make of his clothes?
MR. WALSH: The notable observation that I made was that he was missing one shoe, his right shoe.
MR. LALLY: And where was Mr. O'Keefe when you made that observation of missing one shoe?
MR. WALSH: It was when we put the stretcher into the ambulance. The stretcher lifts up so it's kind of right at my face and up to my nose.
MR. LALLY: And so at the time that he was being placed in the ambulance, he only had one shoe based on what you saw?
MR. WALSH: That's correct.
MR. LALLY: Now, once Mr. O'Keefe is in the back of the ambulance, where did you go?
MR. WALSH: So I stayed down at the feet. I was positioned right by his right leg.
MR. LALLY: And what, if any, difference did you note between sort of the lighting conditions outside on the lawn versus the lighting conditions in the back of the ambulance?
MR. WALSH: In the back of the ambulance, it was dramatically better.
MR. LALLY: And so once in the back of the ambulance, what, if anything, did you note or observe as far as injuries to Mr. O'Keefe?
MR. WALSH: I noticed the hematoma on his right eye, and I noticed some blood coming from his nose.
MR. LALLY: Just to be clear for the record, so when you say "hematoma," based on your training and experience, can you explain what your understanding of that term is to the jury?
MR. WALSH: Swelling and bruising.
MR. LALLY: Now, at some point with respect to the clothing that Mr. O'Keefe was wearing, what, if anything, did you or other firefighters or paramedics from your department do with reference to Mr. O'Keefe's clothing?
MR. WALSH: We removed all of his clothing.
MR. LALLY: And let me first ask, how was that removal sort of accomplished?
MR. WALSH: Can you repeat that?
MR. LALLY: Sure. When you removed his clothing, how did you do that?
MR. WALSH: Oh. With trauma shears. Basically scissors that cut clothing.
MR. LALLY: And, once sort of -- was that pursuant to some sort of protocol or why was the clothing removed?
MR. WALSH: Yes. In any trauma call, it's protocol to expose the patient so you can see all of the injuries and you don't miss any injuries.
MR. LALLY: And once the clothing was removed with the trauma shears, what, if any, additional injuries or anything did you observe on Mr. O'Keefe's body?
MR. WALSH: I noticed some scratches and lacerations on his right arm.
MR. LALLY: Now, in reference to treatment in the back of the ambulance with regard to Mr. O'Keefe, what, if any, sort of role in that did you sort of assume or were you sort of assigned by the lead paramedic?
MR. WALSH: Yes. I was responsible for the IO drill and access. It's an intraosseous access.
MR. LALLY: And can you explain to the jury sort of what that is and how that is accomplished?
MR. WALSH: Yes. So you do that instead of I.V. access. So when somebody is in cardiac arrest, it's really hard to get an I.V. So what you do is you actually drill into a bone and you can administer medication and fluids into the bone marrow space.
MR. LALLY: And so pursuant to -- so Mr. O'Keefe was undergoing cardiac arrest, correct?
MR. WALSH: Correct.
MR. LALLY: Could you explain your understanding of that term based on your training and experience to the jury? What is cardiac arrest?
MR. WALSH: No cardiac function. His heart isn't pumping blood anymore.
MR. LALLY: And so what, if any, sort of protocols are there as far as medication administration is there in reference to a cardiac arrest?
MR. WALSH: Yeah. So the front-line medication for that is epinephrine, and that's what we gave through the IO access.
MR. LALLY: What is the purpose of the epinephrine?
MR. WALSH: Epinephrine, I mean, basically, in layman's terms, it gets the heart pumping again if that's a viable option.
MR. LALLY: And, in addition to the epinephrine, what, if any, other medication was administered through the IO?
MR. WALSH: I believe that was it. As far as when I was on scene, it was just epinephrine.
MR. LALLY: Do you recall anything about saline?
MR. WALSH: Oh, yes. Saline, as well. But, you know, it's not a medication. But yeah. We also administered saline.
MR. LALLY: What is the purpose of the saline?
MR. WALSH: Saline is just to increase blood volume.
MR. LALLY: Now, as far as the transport, Mr. O'Keefe is then taken from the scene to a hospital, correct?
MR. WALSH: Correct.
MR. LALLY: And did you go along with the ambulance on the transport to the hospital?
MR. WALSH: I did not.
MR. LALLY: So you remained on scene at least for some period of time, correct?
MR. WALSH: Very briefly, but yes.
MR. LALLY: And you referenced some officers from the Canton Police Department that were on scene when you were on scene, correct?
MR. WALSH: Correct.
MR. LALLY: And without reference to anything that was said, which of them, if any, did you have any conversation with prior to leaving the scene?
MR. WALSH: Sergeant Goode.
MR. LALLY: And, just as far as what you told Sergeant Goode, what, if anything, did you relay to him before you left the scene?
MR. WALSH: I related to him that there were signs of trauma on the patient.
MR. LALLY: And did you get it any sort of further explanation as to signs of trauma that you observed?
MR. WALSH: Yes. I believe I told him what I told you about the hematoma on the eye and the blood in the nose and the scratches and lacerations on the arm.
MR. LALLY: So you told Sergeant Goode what you just testified to this jury that you observed?
MR. WALSH: I believe so.
MR. LALLY: Ms. Gilman, if I could ask for Exhibit No. 18?
BY MR. LALLY:
MR. LALLY: Firefighter Walsh, that's up on the screen as Exhibit 18, do you recognize that?
MR. WALSH: Yes. 34 Fairview Road.
MR. LALLY: Is that a fair, minus whatever the weather conditions are, a fair and accurate portrayal of what you observed that day at 34 Fairview?
MR. WALSH: Yes.
MR. LALLY: May I approach the witness just briefly?
JUDGE CANNONE: Yes.
BY MR. LALLY:
MR. LALLY: So this again is a laser pointer. Just press on that and point it at the screen. Thank you, sir. So, Firefighter Walsh, if I could ask you, using that laser pointer, if you could direct the jury's attention to where within this photograph, if you see it, that you observed Mr. O'Keefe's body when you first arrived at the scene?
MR. WALSH: Right in that general area (indicating).
MR. LALLY: Thank you, sir.
MR. LALLY: May I have one moment, Your Honor?
JUDGE CANNONE: You may.
MR. LALLY: No further questions for this witness, Your Honor.
JUDGE CANNONE: All right. Cross-examination?
MR. YANNETTI: Yes.
CROSS-EXAMINATION BY MR. YANNETTI:
MR. YANNETTI: Good afternoon, sir.
MR. WALSH: Good afternoon.
MR. YANNETTI: I just want to ask you about the woman that you saw on scene who appeared to be screaming and crying. Would you agree with me that she stood out to you because she appeared to be the most upset?
MR. WALSH: Yes. I would agree with that.
MR. YANNETTI: And the loudest?
MR. WALSH: Yes.
MR. YANNETTI: She appeared to be crying more than others?
MR. WALSH: Yes.
MR. YANNETTI: And she was screaming, right?
MR. WALSH: Yes.
MR. YANNETTI: And what you heard her say was that she just said, is he alive, correct?
MR. WALSH: That's what I recall. Correct.
MR. YANNETTI: In a loud voice?
MR. WALSH: Yes.
MR. YANNETTI: In a distraught voice?
MR. WALSH: Yes.
MR. YANNETTI: While she was crying?
MR. WALSH: Correct.
MR. YANNETTI: I have nothing further.
JUDGE CANNONE: There's noting else, Mr. Lally, right?
MR. LALLY: No, Your Honor.
JUDGE CANNONE: All right. You are all set. So thank you.
MR. WALSH: Thank you.
JUDGE CANNONE: Who is your next witness?
MR. LALLY: Ms. Katie McLaughlin.